Lessor Cooperation. Lessor, at the sole cost and expense of Lessee, shall execute such instruments and take such additional action as Lessee may reasonably request (all such action herein being collectively called the "Lessor Action") in connection with the following activities ("Specified Activities"): (1) contesting Taxes and Impositions, (2) subdividing the Leased Property and the Excess Land, (3) developing and improving the Leased Property, and (4) any other action necessary for Lessee to receive the full benefit of the terms and provisions of this Lease, in each case so long as (i) at the time Lessee requests Lessor to take such Specified Activity, no Default or Event of Default under this Lease then exists, and (ii) such Specified Activity satisfies all of the following requirements ("Specified Requirements"):
(a) Such Specified Activity does not violate or is otherwise not prohibited by any provision of this Lease, any provision of any loan document, any restrictive covenant, any Permitted Encumbrance or any Legal Requirement.
(b) Such Specified Activity shall not give rise to any Lien or other encumbrance against the Leased Property.
(c) Such Specified Activity shall not adversely affect the fair market value of the Leased Property.
(d) Such Specified Activity shall not result in a sale or forfeiture of all or any portion of the Leased Property.
(e) Such Specified Activity will not result in a forfeiture or subordination of any of the Lessor's Mortgagee's Liens. If (x) Lessee requests Lessor to take a Lessor Action with respect to a given Specified Activity, (y) such Specified Activity satisfies all of the Specified Requirements and (z) Lessor fails to take such Lessor Action fifteen (15) days after Lessee delivers to Lessor both (A) a written request of Lessor to take such Lessor Action and (B) evidence reasonably satisfactory to Lessor that such Specified Activity satisfies all of the Specified Requirements, then Lessee, as its sole and exclusive remedy, shall have the right to take such action on behalf of Lessor (at Lessee's, sole cost. and expense) as Lessor's attorney-in-fact. In that connection, Lessor does hereby irrevocably constitute and appoint Lessee, with full power of substitution, as its true and lawful attorney-in-fact and agent.with full power and authority to act in Lessor's name, place and stead under this Section 21 of this Lease after, with respect to any Specified Activity, the expiration of the fifteen (15) day period referred to above. Such po...
Lessor Cooperation. Lxxxxx agrees to cooperate with Lessee with respect to all governmental permits, licenses and approvals, including without limitation executing documents as may be required by the Oregon Liquor Control Commission.
Lessor Cooperation. Lessor will cooperate with Lessee, without any cost or expense to Lessor, in signing documentation for the development, construction, operations, maintenance of the Facility as needed including but not limited to utility easement documents, consent documents as needed per permitting agencies’ and utilities requests.
Lessor Cooperation. Lessor shall cooperate with (i) the performance of Tests, (ii) the obtaining by Xxxxxx, at Lessee’s expense, of all licenses and Permits or authorizations required for Lessee’s use of the Premises from all applicable government and/or regulatory entities, but such cooperation shall not mean other than standard review of land use applications or permits by Lessor’s land use boards (collectively, “Governmental Approvals”) and (iii) the securing by Lessee at Lessee’s expense of all other leases, agreement, licenses and Permits or authorizations that relate to either Property or Premises. Lessor agrees to use reasonable efforts in assisting Lessee to acquire necessary utility service at the Premises. In the event that a utility company requires an easement in connection with Xxxxxx’s use of the Premises, Lessor shall grant such necessary easement to the utility company, provided that such easement is in a commercially reasonable and recordable form.
Lessor Cooperation. The parties acknowledge and agree that Lessee shall be constructing the Project in accordance with Section 1.9 and undertaking other Permitted Uses as defined therein.
Lessor Cooperation. Lessor shall cooperate fully with Lessee with respect to either Party’s filings and other communications with the FCC regarding this Agreement, the FCC Licenses, or the Leased Spectrum.
(a) Lessor shall provide such communication to Lessee at least three business days prior to submitting any such written communication to the FCC (unless the FCC has required a faster submission, in which case Lessor shall provide such communication to Lessee as far in advance of the FCC’s deadline as practicable). Further, Lessor shall not refuse unreasonably to make any changes in such communication that Lessee may request.
(b) Lessor shall notify Lessee as far in advance as practicable of any meeting or other oral communication that Lessor intends to have with the FCC and, unless the FCC staff explicitly directs otherwise, shall give Lessee the option of participating in such meeting or other oral communication.
Lessor Cooperation. Lessor shall cooperate with and assist Lessee, to the extent reasonably requested by Lessee, in Lessee's efforts to obtain the Entitlements. Such cooperative efforts may include Lessor’s joinder in any application for the Entitlements, where joinder therein by Lessor is required or helpful; provided, however, that Lessee shall reimburse Lessor for Lessor’s actual, reasonable, out-of-pocket costs incurred in connection with such joinder or cooperative efforts.
Lessor Cooperation. Lessor shall reasonably cooperate with (i) the performance of Tests,
Lessor Cooperation. The Lessor shall provide in a timely manner data and information within the Lessor's possession and shall timely review and execute all required application documents upon request by the Lessee. In addition, the Lessor's intention is to provide reasonable assistance to the Lessee in carrying out its obligations under this Section, provided that the Lessor's comm itment to provide such additional assistance shall not relieve the Lessee of the Lessee's responsibility for the quality and timely preparation of any such Governmental Approval applications.
Lessor Cooperation. At Lessee’s sole cost and without liability to Lessor, Lessor agrees to cooperate with Lessee (including signing applications upon Lessee’s written request) in obtaining any necessary permits, variances and consents for any Permitted Alterations or any Restricted Alterations approved by Lessor; provided none of the foregoing shall, in any manner, result in a net reduction of access to or ingress to or egress from the Premises, a diminution in the value of the Premises, a change in zoning or otherwise have an adverse effect on the ability to use the Premises for Data Center Purposes or as to the portion of the Premises described in Paragraph 7.5, as an office/warehouse/distribution facility if not improved for Data Center Purposes.
